Luncheon at the Union League Club

2:35-3:35 p.m.

Concurrent Session I

Afternoon sessions will be held at The John Marshall Law School.

TRADEMARK LAW

Covering issues including the Supreme Court’s trademark docket, abandonment and rebranding, the impact of B&B Hardware, Inc. on TTAB proceedings, implications of the IP chapter of the U.S.-Mexico-Canada Trade Agreement, litigation trends in China, how U.S. trademark owners should plan for Brexit with no agreement on trademarks, non-traditional trademarks and trade dress protection in the EU, and the Kit Kat case.

PATENTS I (Section 101)

Covering issues including Purpose/Function of Section 101, relevance of the nature of the claimed invention, is our approach too insular: the experience of other jurisdictions, timeline for fact development and claim construction, the influence of Sections 102/103, and whether or not judicial decisions should be retroactive or merely prospective in light of the reliance interests in patented inventions.

IT & PRIVACY

Break

4:10-5:10 p.m.

Concurrent Session II

COPYRIGHT LAW

Covering issues including appropriation art and fair use; graffiti, tattoos, and alternative art; substantial similarity issues in connection with works of visual art; copyright registration issues in infringement litigation and the Fourth Estate case; Oracle v. Google and fair use in the technology area; and resale royalties for works of art.

GLOBAL ISSUES IN IP

Covering comparative and global issues in IP, including whether/how domestic developments are out of sync with global developments, China’s rise as software, fintech innovator, IP disruptor, AI and global competition, injunctive relief, FRAND, IP in trade agreements under Trump, investor state disputes, and relevance of the WTO.

5:15-6:15 p.m.

Concurrent Session III

COPYRIGHT ISSUES IN MUSIC/ENTERTAINMENT LAW

Covering issues including the Music Modernization Act; copyright registration, fair use, and small claims; and performance rights organizations.

PATENTS III (PROSECUTION/POST-GRANT PRACTICE)

Covering issues including current trends in patent prosecution at the USPTO and EPO, post-SAS implications on IPR proceedings (including switch from BRI to Philips standard), and the impact of Howmedica v. Zimmer on prosecution misconduct used to find an exceptional case in subsequent litigation for attorney fees.

IP COUNSEL/IP MANAGEMENT ISSUES

Covering IP management issues and concerns, including expenditures, potential lawsuits, business process/block chain patents, U.S. vs. other countries regarding desired technologies, and credit for indirect contributions to the public domain in developing countries.